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(영문) 인천지방법원 2021.01.21 2020가단217402
보증금반환
Text

The defendant shall pay 110,000,000 won to the plaintiff. The remaining claims of the plaintiff are dismissed.

The costs of lawsuit are assessed against the defendant.

Reasons

1. Determination

A. On February 24, 2018, the Plaintiff leased the lease deposit of KRW 110 million,00,000,000 from Bupyeong-gu Incheon, and from February 24, 2018, to March 29, 2020. Around that time, the Plaintiff completed the move-in report after paying the lease deposit and resided after receiving the delivery of the said real estate. Upon acquiring the ownership of the instant real estate, the Plaintiff acquired the ownership of H and the lease deposit of KRW 110,00,000,000,000 from March 30, 2018 to March 29, 2018, and concluded a lease agreement (hereinafter “the instant lease agreement”) with the Plaintiff, including the Plaintiff’s intent to renew the lease agreement from March 30, 2018 to March 29, 201, or the Plaintiff acquired the ownership of each of the instant real estate from the Defendant on May 20, 2015.

B. According to the above facts, the lease contract of this case was terminated at the expiration of the period on March 29, 2020, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff KRW 110 million to the Plaintiff, barring any special circumstance (the Plaintiff is liable to compensate for delayed payment from the day following the delivery of a copy of the complaint regarding the lease deposit of this case. However, where the lease contract is terminated, the lessee’s duty to deliver the leased object and the duty to return the lease deposit of the lessor is in the simultaneous performance relationship, and unless the lessee fails to deliver the leased object, the lessor’s duty to return the lease deposit of this case does not fall short of the repayment due to the lessor’s obligation to deliver the leased object and the duty to return the lease deposit of the lessor. Thus, the Plaintiff’s claim

As to this, the defendant, I and H "after drilling."

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